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20100901
20100930
Search Results 0 to 6 of about 7 (some duplicates have been removed)
? >> greta: in the state of virginia they have a different statute which says that you can require people of virginia to buy health care insurance. they got past that standing. that of any value to you here? any advisory value or it is different? >> it's a little different here. advisory value because one of the key issues is whether we have a statute or not, does the state have a right to have such a statute pre-- preemed by the federal government? i will contend that in fact the state's sovereignty is at question. we have the trite pass a similar law to what they did in virginia. the government has said we are going to preempt this whole area. the other thing that is important the interconnectivity is the law. -- of this whole law. >> greta: usually one section gets knocked out the rest of the statute stands. mr. cuccinelli told me in virginia he has found no severability clause. >> even the government concedes this requirement that you have to buy a policy is at the heart of the law if it goes the entire process, the law doesn't work. we find harm to the state in many aspects of this l
and whether states had passed a law like virginia did that prohibited citizens or states from being required to pay for insurance. there was some discussion about whether any had done that prior to this lawsuit being filed? utah did file it. the judge said it only takes one so maybe it will be utah. most extraordinary today the surprising thing that happened from the government, as you know, this 2700 pages it talks about commerce clause, commerce clause, authority. the judge pointed out that's not what they -- they were saying it is not a tax. she said even the president said this is not a tax. then, the government's attorney says yeah but, it is a tax. >> greta: explain why it makes a difference whether it is called a tax or penalty? lawyers get hung up on words -- ash what is the legal difference in this case? >> what we are talk about is states' rights, 10th amendment versus federal government. this is not in their enumerated power to tax individuals or require to you buy individual insurance. >> greta: the feds do not have? >> do not have that authority. so they have to look somewhere e
virginia fighting for his life trying to get elected to robert byrd's senate seat thought they should be extend. i've introduced permanent law current tax rate and avoid a tax increase in the middle of a investigation. >> greta: give me a realistic timetable. what is gonna happen ? >> it is hard to answer the hypothetical, because the democrats are in the majority. they got to decide whether they want to have this debate now. it could occur after the election. if they want to have the debate now about the appropriateness of raising taxes in the middle of a recession we are happy to have that debate. >> greta: it is not going to happen is that the message? >> i done know i think it will be up to the majority to decide whether we have this debate now or later. it needs to be had, because at the end of the year, taxes will go up for everyone, none of us think that's a good idea. >> greta: what about what leader boehner said in the house? he said i hate to try to quote him often top of my head, he said if he had to or something, if it came to that, he would vote for limiting the extension
neutral, you have virginia, missouri, also that funding is being atack, i don't know how the courts are going to rule, the funding aspect is being attacked. >> i'm not a lawyer -- >> greta: quit bragging! >> it is a dangerous precedent to allow the u.s. congress to mandate to you on what product or service you have to buy with your money. it has always been assumed we can tax you and spend the money. we have never crossed that line in the commerce clause. >> greta: that was the one thing it want called a tax. now in court the lawyers are calling it a tax, interesting. the flip side plays games with the words as well. >> here's the problem with the individual mandate. new penalty on individuals and new mandate which i believe to be unconstitutional. second, the way in is constructed, you don't have to buy insurance just pay a penalty if you are caught. $695. what logical consumer is going to buy insurance -- >> greta: rather game it economically maybe not morally. thank you. >> next, is the government getting in the way of the stimulus? what does that mean? that report is next. >> di
Search Results 0 to 6 of about 7 (some duplicates have been removed)